For Immediate Release
Office of the Press Secretary
December 19, 2002
Statement by the President
Today I have signed into law H.R. 4664, the "National Science
Foundation Authorization Act of 2002." The Act authorizes
appropriations for the National Science Foundation and modifies
statutory authorities of the Foundation.
Section 5(f) of the Act purports to condition authorizations of
certain appropriations on a subsequent determination by the Congress of
the existence of successful progress by the executive branch toward
specified goals. The executive branch shall construe the purported
condition as advisory, since any other construction would be
inconsistent with the principles enunciated by the U.S. Supreme Court
in 1983 in INS v. Chadha. Also, the executive branch shall construe
and implement sections 8(10)(A), 9(a)(5), 11(b)(3), and 24 in a manner
consistent with the equal protection requirements of the Due Process
Clause of the Fifth Amendment to the Constitution.
Several provisions of the Act, including sections 14(a), 14(b)
(amending section 201(a)(1) of the National Science Foundation
Authorization Act of 1998), and 18(d) call for the submission by the
executive branch of specified information or recommendations to the
Congress. The executive branch shall construe such provisions in a
manner consistent with the President's constitutional authority to
supervise the unitary executive branch, to protect the deliberative
processes of the Executive, and to submit to the Congress such
recommendations as the President judges necessary and expedient.
GEORGE W. BUSH
THE WHITE HOUSE,
December 19, 2002.
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